5 Things the Court Considers for Custody

Custody battles are often the messiest part of any divorce. In many cases, both parents feel qualified to have custody of the children. In a particularly difficult divorce, such as with an abusive parent, the aggressive party may try to deny custody to the other parent altogether. Custody battles are heartbreaking. It can be hard to predict how a court can make such a huge decision. Fortunately, custody lawyers in Fairfax, VA know courts consider the following factors and more in custody battles:

  • The wishes of each parent. If a parent has no interest in taking custody of a child, the court decision is usually simple. In the vast majority of custody cases, both parents want as much time with the children as they can get. The court weighs this consideration.
  • The financial resources of each parent. Finances are a big part of raising a child. If one parent doesn’t have enough money to properly care for children, custody often goes to the other parent.
  • Negative history. Courts are not interested in placing children with an abusive parent. If the court learns a parent has been abusive, that parent will likely be denied custody. This plays a significant role in the court’s decision even if the parent has only been abusive toward their spouse.
  • The age of the children. Some judges believe younger children should be with their mothers. While this idea tends to have little influence statistically on who gets custody, in some cases it is important. If the mother is nursing the child, for instance, she will likely be the primary caregiver, although more and more judges are now considering a shared custody arrangement.
  • The preference of the children. If the children are old enough, their opinion on which parent they prefer to live with is given significant weight. Children in their teenage years are given more say in who has custody over them.

Custody battles are hard, but if you know the facts and you have a good custody lawyer, you can prepare yourself for greater recovery. Contact Mariam Ebrahimi, Esq. today to discuss your options.

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